Chandrachud, J. - (1.) These proceedings for the writ of habeas corpus are directed against an order passed by the District Magistrate, Patna, on April 9, 1974 in the exercise of powers conferred by Section 3 (1) (a) (ii) of the Maintenance of Internal Security Act, 26 of 1971. The District Magistrate directed by the aforesaid order that the petitioner, who is a student leader, be detained with a view to preventing him from acting in any manner prejudicial to the maintenance of public order.
(2.) The 'Grounds' of detention were served on the petitioner on April 13, 1974. They read thus: "1. Whereas the said, Shri Ram Bahadur Rai, in his capacity as Secretary of All India Vidyarthi Parishad, attended a meeting of the Bihar Rajya Chhatra Neta Sammelan held on the 17th and 18th February, 1974, in Patna University campus, in which from amongst other things, it was decided, at his instance, to start a Gujarat type of agitation in Bihar, and whereas in the same meeting it was also decided to resort to hunger strike and gherao of the office of the Chief Minister, Bihar, District Magistrate, Patna and other officials. 2. Whereas a meeting of the Students Steering Committee was held on the 1st March, 1974 under the Presidentship of Shri Laloo Prasad Yadav where it was decided to form a Sanchalan Samiti for conducting the students agitation, and whereas in the same meeting you readily accepted to become one of the members of the Sanchalan Samiti. 3. Whereas the said Shri Ram Bahadur Rai attended a meeting of the Sanchalan Samiti on 4-3-74 at the Legislature Club where he was instrumental in forcing a decision to gherao the Assembly on the 18th March, 1974 and to prevent the Governor from addressing the Assembly on the same date; 4. Whereas the said Shri Ram Bahadur Rai further attended a meeting of the Bihar Rajya Chhatra Sangharsa Samiti on the 12th March, 1974 in the office of the Students Union, Patna University, in which it was decided, at his instance, to commence the gherao of the Assembly on the 18th March, 1974 from 8.30 A.M. 5. Whereas there are reports to indicate that the said Shri Ram Bahadur Rai was actually leading and actively participating in the gherao of the Assembly on the 18th March, 1974; and 6. Whereas even after the 18th March 74, the said Shri Ram Bahadur Rai has been actively guiding the students agitation and with this end in view he convened a meeting of the students in the National Hall, Kadamkuan, Patna on the 8th April, 1974 wherein he exhorted them to paralyse the functioning of the Government offices with effect from the 9th April, 1974 by resorting to gherao, dharna, etc.; 7. Whereas the said Shri Ram Bahadur Rai actually led a demonstration of the students on the 9th April, 1974 in defiance of the prohibitory orders under Section 144 Cr. P. C. with a clear intention and known objective to gherao the Government offices, particularly the Secretariat buildings; 8. I am, therefore, satisfied that in the circumstances mentioned above if you are allowed to remain at large, you will indulge in further activities prejudicial to the maintenance of public order, I. V. S. Dubey, District Magistrate, Patna, therefore, consider it necessary to detain you in custody with a view to preventing you, from acting in any manner prejudicial to the maintenance of the public order." The order of detention was confirmed by the Governor of Bihar on May 28, 1974. By the order of confirmation the petitioner is to remain in detention till April 8,1975.
(3.) The petitioner filed a writ petition (No. 47 of 1974) in the High Court at Patna under Article 226 of the Constitution challenging the validity of the detention order on various grounds. That petition was dismissed by a Division Bench of the High Court on May 8, 1974. This Court, on September 3, 1974 granted to the petitioner leave to appeal from the judgment of the High Court.;